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How long does it take for the judge to rule after filing for a motion to ensure new debt?
Wiki User
∙ 8y ago
There is no definitive answer in how long any court decision takes. It is dependent on caseload, details of the filing, some are simple, many are not, and so on. Many states have a large backlog of civil cases including bankruptcy. Although bankruptcy cases are usually cut and dried and they get through them quickly, the average creditor meeting is seven minutes.
Wiki User
∙ 8y ago
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How do you write a motion to dismiss an old IRS tax debt and include it on my bankruptcy?
If there is a judgment in a court for the IRS debt, you do not need to file a motion to include it in your bankruptcy. If the tax due was determined more than 3 years before the filing date, you include it in your Schedule F. If you have already filed your bankruptcy documents, you need to file a motion to amend Schedule F with the bankruptcy court. If the case has been closed, you will need to reopen the case, paying the filing fee, and then your motion to add the debt.
When filing for bankruptcy chapter 7 can one include a creditor one has not paid yet?
You can file under those circumstances. The problem is that the creditor can bring a motion objecting to the discharge of this particular debt based on fraud. Basically the motion would say that you didn't intend to make the payment and that the debt should not be discharged. Whether such a motion is brought probably depends on how much the debt in question is. Once a motion is brought, it is up to the judge to decide whether he thinks you committed fraud. If he agrees with the creditor, then he will grant the motion and the debt in question survives any subsequent discharge you may receive. The creditor has a deadline of when they can file such a motion (this date is listed on your bankruptcy notice). If a motion, is filed after this date (typically about three months after your filing) it is no good and the debt would be discharged. It is possible to negotiate with a creditor who brings such a motion to basically pay back the a percentage of the debt over some period of time. If the bankruptcy trustee thinks you committed bankruptcy fraud then he will bring a motion to dismiss your whole case for bankruptcy fraud.
What does reopening a bankruptcy case mean?
Usually, it means that more debt has been found, or it has been decided that debt already known can be included in the bankruptcy case. See the attorney filing the motion to have it explained.
Is there a form to file a Motion to Amend a discharged no-assets Chapter 7 and add previously unknown creditors of debt incurred before filing?
No, there is not an option for reopening a discharged BK to add creditors, such action only applies to assets or income that was not included in the original filing.
Can you be arrested for failure to appear in small claims court being sued over credit card debt on the state of Wisconsin?
No. If for some reason the judge were to order you to appear and you failed to, you could be arrested for contempt of court, but there is no reason for a judge to do such a thing in a motion for judgment on a bad debt. The most likely event would be for the judge to grant the plantiff a default judgment becasue you did not show.
If I marry someone with previous tax debt does the debt become my debt?
It is actually easier to just file married filing separate; this way there is no additional paper to prepare. Therefore if and wne you have tax liability, the IRS and possible tax resolution firms will be able to handle the issue with more ease.No, but there are two things you can do to ensure that your spouses debt remains separate. First you can always file married filing separate until the debt is cleared up. the second thing you can do is file married filing joint but file innocent spouse. Innocent spouse form is 8857.You can go to this IRS website link for more information. See the page link, further down this page, listed under Related Links.If you file MFJ then you will gain the tax credit for being married and filing the innocent spouse should waive your responsibility to your spouses tax debt.
When filing chapter 13 should all debt be included?
when filing any bankruptcy you must disclose ALL debts.
How much debt should one have before filing for bankruptcy?
It would depend on the person as to how much debt one would have to have before filing for bankruptcy. Some people can have more debt than others and be ok with it, while others would feel the need to file.
Is financial debt solutions a better solution fo filing bankruptcy?
Debt solutions or consolidation is something you should look into before filing bankruptcy. Consolidationg your debt allows you to make smaller payments over a set amount of time and can positively effect your credit.
What is 'motion for relief from co-debtor stay' and do you need a lawyer to submit a motion or answer to bankruptcy court?
A "motion of relief of stay" is an action filed to have the debt in question released from bankruptcy proceedings. A creditor has the right to petition the court to keep the debt from being discharged in bankruptcy. If the BK is a joint filing, the creditor can decide to "go after" one of the filers, if they believe that person has the means to repay the debt. And has non-exempt property that can be attached in a judgment. A person can file BK and motions associated with the filing without an attorney. One needs to be well informed in BK laws, state and federal. And be very accurate concerning with documentation and procedure. The person is under oath and should be extremely careful with the information that is presented to the court.
Can a debt be discharged in a no asset chapter 7 if it was incurred a few weeks before the filing?
For the most part yes. The only problem you could run into is if the creditor involved believes that you intentionally incurred the debt with the intention of then filing bankruptcy. If they can prove this the debt is determined to be bankruptcy fraud and nondischageable.
How much debt should you be in before filing a bankruptcy?
id say 20,000 or higher.
